An occupier's duty of care does not require elimination of all risks, and where adequate visual cues exist at a change of level, the occupier is not required to take additional precautions such as spotlighting or aisle lighting. Causation under s 5D of the Civil Liability Act 2002 (NSW) is not established where the plaintiff was not looking where she was walking and there is no evidence that suggested precautions would have drawn her attention to the hazard. Judicial error, wrong-headedness in procedural rulings, and inappropriate remarks during a trial do not establish actual bias unless they demonstrate a closed mind not open to persuasion. A Calderbank offer made very shortly after commencement of proceedings and before the offeree has obtained expert reports may not support an indemnity costs order.
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